5L-1.008. Shellfish Handling

(1) Wet storage shall be conducted upon execution of an agreement between a person, firm, or corporation possessing a shellfish processing facility certificate and the Department. Each agreement shall include the following provisions: (a) The coordinates in Latitude and Longitude where the wet storage facility is to be located. (b) A description of all facilities and equipment to be used to wet-store shellfish. (c) A listing of the species to be wet-stored. (d) If the wet storage facility is to be located upon or in waters of the state, the facility shall be marked and lighted so as not to be a hazard to navigation. (e) If the wet storage facility is to be located on or in waters of the state, and is to be a manned structure, it shall be equipped with a U.S. Coast Guard approved Type III marine sanitation device; this device shall be maintained in working order and be used by all personnel for disposal of bodily wastes. (f) All solid wastes shall be removed from the wet storage facility daily and disposed of in a shore-based receptacle. (g) No anti-fouling paints or finishes shall be used on any portion of the wet storage facility. (h) No shellfish shall be removed from a wet storage facility when the shellfish harvesting area in which such shellfish are stored is closed pursuant to Rule 5L-1.003, F.A.C., or because of emergency conditions as defined by Rule 5L-1.002, F.A.C. (i) Should maintenance of the wet storage facility require that the facility be relocated, written notification shall be provided to the Department, by certified mail, a minimum of 10 working days prior to such relocation. All shellfish shall be removed from the wet storage facility prior to relocation. (j) If wet storage is to be practiced using a shore-based certified shellfish processing facility, the applicable provisions of Rules 5L-1.002, 5L-1.010, 5L-1.011, 5L-1.012, 5L-1.013, 5L-1.015, and subsection 5L-1.017(2), F.A.C., shall apply. All shore-based wet storage facilities shall employ ultraviolet light treatment of all incoming and recirculated seawater. All water quality measurements required by subsection 5L-1.017(2), F.A.C., shall be documented and such data retained for inspection by the Department for a minimum of one year. Paragraphs 5L-1.008(1)(a), (b), (d), (e), (f), (h) and (i), F.A.C., shall not apply to a shore-based wet storage facility. (k) The agreement shall be valid for no more than 1 year from the date it is signed by the Department. (2) Boats and vehicles – Boats and vehicles used in harvesting or transporting shellfish shall be constructed, operated, and maintained, so as to protect the shellfish from contamination. Fuel tanks or other sources of contamination shall not be permitted to come into contact with shellfish. All boats used for commercial harvesting and handling shellfish shall be designed in such a way to prevent shellfish from coming in contact with any bilge water. No dogs or other animals or pets shall be allowed at any time on vessels or vehicles used to harvest or transport shellfish. No bodily wastes shall be discharged overboard from a harvest vessel. Shellstock harvested with commercial intent shall be protected by effective shading on harvest boats and vehicles to protect shellstock from exposure to sun, birds, and other adverse conditions. Shellfish shall be held under conditions which allows air circulation and promotes evaporative cooling. (3) Boats engaged in harvesting or transporting shellfish shall have on board an approved Type III marine sanitation device, portable toilet or other sewage disposal receptacle. Portable toilets shall: (a) Be constructed of high quality plastic that is durable, easy to clean and will not spill; (b) Be used only for the purpose intended; (c) Be secured while on board the vessel and located to prevent contamination of shellstock by spillage or leakage; (d) Be emptied only into an appropriate sewage disposal system; (e) Be cleaned before being returned to the boat; and, (f) Not be cleaned with equipment used for washing or processing food. (4) Use of other receptacles for sewage disposal are approved if the receptacles are constructed of impervious, cleanable materials, have tight fitting lids, and meet the requirements of paragraphs 5L-1.008(3)(a)-(e), F.A.C. (5) Resubmerging or Replanting. (a) Aquacultured shellfish are the only shellfish allowed to be replanted/resubmerged. (b) Leaseholders must maintain an oyster replant log of all replant/resubmerged activities including: 1. Date of initial removal from water at lease site; 2. Lease number; 3. Date of replant; 4. Replant lease number; 5. Replant location on lease; and, 6. Replant quantity. (c) Leaseholders must provide access to records upon request by the Department. (d) All replanted/resumberged shellfish must be segregated from other shellfish and clearly identified on the lease. (e) Replanted/resumberged aquaculture oysters larger than 25 millimeters (1 inch) that are removed from the water during the course of routine oyster husbandry practices for more than 4 hours during April through October must be returned to the lease and submerged on an aquaculture lease for a minimum of 14 days before they can be harvested and sold to a certified shellfish processing facility. Routine oyster husbandry practices include the use of suspended grow out containers that maybe unsubmerged during natural tidal cycles. (6) Remote buying is prohibited unless a certified shellfish processing facility has written authorization from the Department to implement a remote buying plan for product purchased from a harvester. (a) Remote buying will only be permissible for aquacultured shellfish delivered by a harvester on the day of harvest. (b) Certified shellfish processing facilities planning to receive shellfish products from harvesters at a location other than their certified shellfish processing facility must submit a written remote buying plan that includes the following: 1. Onshore location where remote buying will occur. 2. List of harvesters, with their AQ Certificate number, who may deliver product to that remote location. 3. Description of transportation plan from remote location to certified shellfish processing facility, including segregation of product from different harvest areas. 4. Frequency of planned remote buying operations, and method for informing the Division of scheduled remote buying occurrences. (c) Certified shellfish processing facilities implementing a remote buying plan must maintain remote buying records that include the following: 1. Date of Transfer 2. Harvester identification (AQ Cert #) 3. Harvester name and initials 4. Harvest date and area 5. Quantity and type of product 6. Receipt time at remote location 7. Receipt temperature of product at remote location, and 8. Name of designated representative taking possession (d) Remote buying records must be available for inspection at the remote buying location and during transport of shellfish product purchased at a remote location. Upon delivery to the certified shellfish processing facility the records must be maintained at the certified shellfish processing facility and available for inspection for a minimum of 1 year. (e) Certified shellfish processing facilities proposing a remote buying plan must demonstrate to the Department that their transportation plan will prevent adulteration or commingling of shellfish products. This demonstration will include on-site observation of proposed methods by a Department inspector. (f) This authorization will be valid until the end of the current certification period. To renew a remote buying authorization, the shellfish processor must resubmit their remote buying plan. (g) Certified shellfish processing facilities that are cited for deficiencies in implementing their authorized remote buying plan more than twice within a 6-month period will have their authorization to implement a remote buying plan suspended for 6 months. They will need to resubmit a remote buying plan for evaluation before implementation after that period. (7) A commercial harvester may not harvest, attempt to harvest, possess in or on Florida waters or sell a wild shellfish unless they are harvesting pursuant to a valid Saltwater Products License with a shellfish endorsement, or Apalachicola Bay oyster harvesting license, issued by the Florida Fish and Wildlife Conservation Commission. (8) An aquaculture leaseholder or authorized user, or employees thereof, may not operate on an aquaculture lease, or possess or sell aquacultured shellfish unless in possession of a valid Aquaculture Certificate of Registration, or a copy of the certificate. (9) Throughout the year, shellfish shall be harvested between sunrise and sunset as established by the National Weather Service. All shellfish shall be delivered, same day of harvest, by the harvester directly to a certified shellfish processing facility. A certified shellfish processing facility which has met the requirements of subsection 5L-1.008(6), F.A.C., and is authorized for remote buying of shellfish from harvesters may take possession of shellfish at their authorized remote buying location. Authorization for remote buying does not provide exemption from any other harvest time or temperature requirements. (a) Clams: 1. During the months of November, December, January, February, and March, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control by 10:00 p.m. of the same day as harvest. 2. During the months of April, May, and October, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control within twelve (12) hours of the time of harvest, or within the same day as harvest, whichever is earlier. 3. During the months of June, July, August, and September, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control within ten (10) hours of the time of harvest, or within the same day as harvest, whichever is earlier. 4. Tempering, as an alternative process, shall consist of those methods which have demonstrated through verification studies that the process renders hard clams which are as safe as hard clams meeting subparagraphs 5L-1.008(9)(a)1.-3., F.A.C. Prior to initiating tempering a certified shellfish processing facility shall have written approval from the Department. The certified shellfish processing facility must provide the following: a. A description of all facilities, equipment and methods to be used in the alternative process. This process must be included in the certified shellfish processing facility’s HACCP plan. b. The source of hard clams and the maximum capacity of hard clams to undergo the process at any one time. c. The process to be followed shall not exceed 16 hours total time between hard clam harvest and refrigeration at 45ºF or less. Product harvest, processing, tempering and food storage at 45ºF or less must be scheduled to occur as a continuous procedure. d. Upon initiation, the tempering process must have temperature control of 68oF or less and be maintained until hard clams are placed into refrigeration of 45ºF or less. (b) Oysters: 1. Non-Vibrio Control months include November, December, January, February and March. 2. Vibrio Control months include April, May, June, July, August, September and October. 3. During the months of November, December, January, February, and March, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 5:00 p.m. of the same day as harvest. 4. During the month of April, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 11:00 a.m. of the same day of harvest unless the harvester is identified in the certified shellfish processing facility’s HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(11), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(12), F.A.C. 5. During the months of May, June, July, August, and September, all oysters harvested shall be tagged as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY” and delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 4:00 p.m. of the same day of harvest unless the harvester is identified in the certified shellfish processing facility’s HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(11), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(12), F.A.C. 6. During the month of October, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 11:00 a.m. unless the harvester is identified in the certified shellfish processing facility’s HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(11), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(12), F.A.C. (10) Once received by a certified shellfish processing facility, the shellstock lot shall be immediately processed and placed under temperature control and until sale to final consumer, the shellstock shall be maintained at an environmental temperature of 45ºF or less and not be permitted to remain outside of temperature control for more than two (2) hours cumulative at points of transfer within the certified shellfish processing facility such as loading docks or in the certified shellfish processing facility during processing except for the process described in subparagraph 5L-1.008(9)(a)4., F.A.C. All certified shellfish processing facilities handling oysters must have a cooling system capable of reducing the internal temperature of shellstock oysters to 55ºF or less within eight (8) hours. (11) Onboard Cooling Option – Onboard cooling equipment includes systems using ice, mechanical refrigeration, or vacuum cooling. If a commercial oyster harvester is using onboard cooling, the maximum time oysters can remain outside the cooling system is one hour from time of harvest and the onboard cooling system shall be capable of reducing the internal temperature of oysters to 55ºF or less and maintaining at 55ºF or less until delivery to the certified shellfish processing facility. Commercial Harvesters must maintain an onboard time and temperature record documenting time of harvest, time oysters are placed under refrigeration, and time that oysters reach 55ºF or less. (a) Commercial harvesters using onboard cooling systems must deliver the oysters to a certified shellfish processing facility and oysters must be placed under mechanical refrigeration by the certified shellfish processing facility no later than 3:00 p.m. of the harvest day. Oysters must be at 55oF or less at time of delivery. (b) Certified shellfish processing facilities electing to purchase oysters from harvesters using onboard cooling systems must document in their HACCP plan that the cooling rates onboard a vessel and in the certified shellfish processing facility’s cooling system provide a safety level equivalent to product meeting paragraph 5L-1.008(9)(b), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(5), F.A.C. Certified shellfish processing facilities electing to purchase oysters from harvesters using such onboard cooling systems must list the harvester name, harvester license number, the maximum time oysters can be unrefrigerated onboard a vessel, and the total number of hours required to reduce the internal temperature of oysters to 55ºF or less in their HACCP plan. Prior to implementing the HACCP plan, the certified shellfish processing facility must have written approval from the Department. (c) Harvesters proposing an onboard cooling option must contact and demonstrate to the Department that the system is capable of meeting time and temperature requirements of the State’s Vibrio vulnificus Control Plan and must have written approval from the Department prior to implementation. (d) Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the certified shellfish processing facility as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY.” (12) Rapid Cooling Option – Rapid cooling equipment includes systems using ice, mechanical refrigeration, or vacuum cooling. If a certified shellfish processing facility elects to rapidly cool oysters: (a) During the month of April certified shellfish processing facilities must place all harvested oysters under mechanical refrigeration no later than 1:00 p.m. and cooled down to 55ºF or less no later than 3:00 p.m. of the harvest day. (b) During the months of May, June, July, August, and September certified shellfish processing facilities must place all harvested oysters under mechanical refrigeration no later than 11:00 a.m. and cooled down to 55ºF or less no later than 1:00 p.m. of the harvest day. (c) During the month of October certified shellfish processing facilities must place all harvested oysters under mechanical refrigeration no later than 1:00 p.m. and cooled down to 55ºF or less no later than 3:00 p.m. of the harvest day. (d) Certified shellfish processing facilities must develop and demonstrate in their HACCP plan that the cooling rates in combination with extended harvest times assure a safety level equivalent to product meeting paragraph 5L-1.008(9)(b), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(5), F.A.C. Certified shellfish processing facilities electing this option, must list the maximum time oysters can be unrefrigerated onboard vessel and the total number of hours required to reduce the internal temperature of oysters to 55ºF or less in their HACCP plan. Prior to implementing the HACCP plan the certified shellfish processing facility must have written approval from the Department. (e) Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the certified shellfish processing facility as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY.” Certified shellfish processing facilities failing to meet the rapid cool criteria more than two times during the Vibrio control months of April through October shall lose the rapid cool option for the remaining Vibrio control months of that year. The certified shellfish processing facility shall only process oysters for restricted use only (green tag) during the remaining Vibrio control months. (f) During the months of April through October all harvested oysters tagged as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY” shall be delivered to a certified shellfish processing facility by 4:00 p.m. of the harvest day. (13) Handling Time/Temperature table summary: Oysters (Times are when oysters must be placed in cooler at a certified shellfish processing facility) Clams Traditional Cooling Rapid Cooling Onboard Cooling Restricted Use Only (green tag) Delivery to certified shellfish processing facility (same day of harvest) November 5:00 p.m. Non-Vibrio Control Month Non-Vibrio Control Month Non-Vibrio Control Month 10:00 p.m. December 5:00 p.m. Non-Vibrio Control Month Non-Vibrio Control Month Non-Vibrio Control Month 10:00 p.m. January 5:00 p.m. Non-Vibrio Control Month Non-Vibrio Control Month Non-Vibrio Control Month 10:00 p.m. February 5:00 p.m. Non-Vibrio Control Month Non-Vibrio Control Month Non-Vibrio Control Month 10:00 p.m. March 5:00 p.m. Non-Vibrio Control Month Non-Vibrio Control Month Non-Vibrio Control Month 10:00 p.m. April 11:00 a.m. 1:00 p.m. 3:00 p.m. 4:00 p.m. 12 Hours May Not permitted 11:00 a.m. 3:00 p.m. 4:00 p.m. 12 Hours June Not permitted 11:00 a.m. 3:00 p.m. 4:00 p.m. 10 Hours July Not permitted 11:00 a.m. 3:00 p.m. 4:00 p.m. 10 Hours August Not permitted 11:00 a.m. 3:00 p.m. 4:00 p.m. 10 Hours September Not permitted 11:00 a.m. 3:00 p.m. 4:00 p.m. 10 Hours October 11:00 a.m. 1:00 p.m. 3:00 p.m. 4:00 p.m. 12 Hours (14) Shellfish leaving a certified shellfish processing facility must be transported in an enclosed, mechanically refrigerated conveyance with doors closed securely. The refrigeration unit must be capable of maintaining an ambient temperature of 45ºF or less at all times.